Directives Flashcards
What Directive is Constitutional Authority
What Class Township Is Lower Makefield and when was it organized
Directive 101
Second Class Township/ 1953
- A non accusatory conversation in which through questions and answers, the police interviewer tries to develop investigate and behavioral information that will test the veracity of statement made by suspect victim or witness
- Officers should be aware of the nature of _______, _________ and _______ when conducting interviews so that the subject does not have any reason to believe they are in custody
- Interview
- Questions, location and conditions present
- An accusatory procedure designed to elicit from the subject an acknowledgement that they did not tell the truth during an initial statement wether that person is a suspect who originally denied involvement in an incident or a victim who fabricated the nature of the alleged offense
- Two type of above
A.
B. 1
2
3
- Interrogations
- A. Non Custodial- Miranda warnings are not required. Voluntary statement form shall be used when taking statements
B Custodial-
1. Test for determining is whether their freedom is deprived in any significant way or is placed in a situation in which a reasonable
person would believe their freedom is restricted
2. Officer shall provide verbally and or written Miranda warnings
3 Officer shall use the wavier of rights statement form when received statement from someone during custodial interrogation
Access To Counsel
1.
2.
3.
- When a detainee requests to speak to an attorney before or during Custodial Interrogation, the interrogator shall cease questioning
- If a suspect waives his right to counsel after receiving Miranda Warnings, law enforcement officers are free to questions however if a suspect requests counsel at any time during the interview the interrogating officer shall not subject further questioning
- Suspect must unambiguously (clearly) request counsel. He must articulate clearly that a reasonable police officer in the circumstances would understand the statement to be a request for an attorney.
Officers shall consider the following procedures when initiating searches by consent
- 2.
3.
4.
5.
- Voluntariness of consent - must be voluntary not result of duress, coercion, express or implied
- Awareness of the subjects right to refuse- officer shall ensure the subject is aware they can refuse
3.Authority to consent - one must posses control over the area searched
- Reasonable suspicion for the stop is a prerequisite for consent search- no R.S then search would be fruits of an illegal stop
- Scope - person has the right to limit the scope of a search
Officers shall consider the following procedures when initiating searches by Consent
2.
3.
4.
5.
- Voluntariness of consent - must be voluntary not result of duress, coercion, express or implied
- Awareness of the subjects right to refuse- officer shall ensure the subject is aware they can refuse
3.Authority to consent - one must posses control over the area searched
- Reasonable suspicion for the stop is a prerequisite for consent search- no R.S then search would be fruits of an illegal stop
- Scope - person has the right to limit the scope of a search
Investigative Stops.
3.
Supported by reasonable suspicion
Officers who’s observations lead him to reasonably suspect that a particular person has committed, is committing or is about to commit a crime may detain the person in this matter
Reasonable suspicion for the stop supplied by the officers personal observations and information supplied by another
- Terry Stop- Officers may conducted a limited search for weapons if
- Officers shall advised a person that is being handcuffed that
3.Vehicle Extension. 1. Terry Frisks can
2. **. **
- They observe unusual and suspicious conduct that would lead a reasonable belief that
There is criminal activity afoot The person in armed and dangerous - They are being handcuffed for officer safety and they are not under arrest and the handcuffs will be removed when officer safety is ensured
- Terry frisks can extended to the passenger compartment of a vehicle if the officers reasonably believes the suspect who was lawfully stopped can gain access to a weapon.
** Officers shall not search the passenger compartment of a vehicle if the driver/occupants have been removed and arrested and are not free to gain access to the compartments**
Officers conducting cursory frisks may seize an object when it becomes apparent with knowledge gleaned from the officers sense of touch that probable cause exists to believe the object is seizable
Plain Feel Doctrine
Search of a vehicle under a moveable vehicle exception
Vehicles, lawfully stopped spontaneously on a highway may be searched without a warrant under PA Law IF:
3.
4.
- Consent - from driver or owner
- Plain view Officer may seize contraband that is obvious
3 Stop Officer can articulate facts with lead to a reasonable belief that an occupant may be armed and dangerous the officers may search the passenger compartments where a weapon could be found provided the driver or occupants HAVE NOT been removed and restricted from the compartment
- Exigent Circumstances - Need to not have been created by the officer and apart of the vehicles mobility
Officer may conduct a warrantless entry of a residence under the following conditions
1.
- 3
- Consent by tenant or owner
- Probable Cause to believes 1. Somone is armed and dangerous
2. Someone life or personal safety is in danger
3. A belief that a serious crime is being committed in your presence and the likely hood the offender would
escape if time is taken to get a warrant or evidence of the crime would be destroyed
Arrest warrants shall be issued when
1
2
3
4
5
- The offense charged is punishable of more than 5 years
- Defendant will not obey a summons
- The summons had been returned undelivered
- Summons has been served and disobeyed by defendant
- Identity of Defendant is unknown
Prompt Release of Defendant for Warrantless Arrests (No arraignment)
2.
3.
4.
5.
6.
OFFICERS HAVE ____ Days from the defendants release to file a criminal complaint
- DUI
- Most serious offense charged is a M2
- Defendant resides in commonwealth
- Defendant poses no threat of physical harm to himself or another person
- Defendant will appear in court
- Defendant does not demand to be taken in front of a judge
5 DAYS
In Lieu of Formal actions three steps to choose instead
The power of free decision or latitude of choice within certain legal bounds
- Referrals
- Informal Resolutions- verbal warnings, notifying Juveniles parents
- Warnings
Discretionary Power
